29Feb

Fourth Circuit Analyzes Innocence Protection Act’s “Timeliness” Requirement

By Taylor Anderson On February 29, 2016, the Fourth Circuit issued its published opinion regarding the criminal case United States v. Cowley. Shane Cowley (“Appellant”) appealed the district court’s denial of his motion seeking post-conviction DNA testing pursuant to the Innocence Protection Act (“IPA”). The Fourth Circuit affirmed the denial of Appellant’s motion, holding that […]

Tags: motion

26Feb

Fourth Circuit Vacates District Court’s Traffic Stop Decision

Categories: 4th Cir. Blog Criminal Cases

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By Cate Berenato On December 14, 2015, in the published case United States v. Williams, the Fourth Circuit overturned the United States District Court for the Middle District of North Carolina’s decision not to suppress evidence police obtained from a search of a car. The Fourth Circuit stated that the Government did not prove that […]

Tags: Criminal Law

25Feb

Fourth Circuit Holds that Federal Motor Carrier Safety Administration’s Discretionary Decisions and Regulations Cannot Subject the Government to Suit Under the Federal Tort Claims Act

Categories: 4th Cir. Blog Civil Cases

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By Whitney Pakalka On February 25, 2016, in the civil case of Pornomo v. United States, the Fourth Circuit issued a published opinion affirming the district court’s dismissal of a wrongful death action filed under the Federal Tort Claims Act (FTCA) against the United States. The plaintiff, Jonatan Pornomo, alleged that the Federal Motor Carrier […]

Tags: Federal Regulation Federal Tort Claims Act Subject Matter Jurisdiction

25Feb

Public-Disclosure Bar Did Not Apply to Qui Tam Action Under the False Claims Act

Categories: 4th Cir. Blog Civil Cases

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By Elizabeth DeFrance On February 25, 2016 the Fourth Circuit Court of Appeals issued a publish opinion in the civil case, U.S. ex rel. Beauchamp v. Academi Training Center, LLC.. Plaintiffs Lyle Beauchamps and Warren Shepard (“Relators”) filed a qui tam action under the False Claims Act against Academi Training Center, LLC. (“Adademi”) and XE […]

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24Feb

Fourth Circuit Affirms Holding on Tax Misclassification

Categories: 4th Cir. Blog Civil Cases

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By Sarah Walton On January 8, 2016, the Fourth Circuit issued a published opinion in the case of Route 231, LLC v. Commissioner of Internal Revenue. The Fourth Circuit affirmed the tax court’s holding that Route 231 should have classified a portion of its capital contributions as gross income. The IRS Concludes that Route 231 […]

Tags: tax law

24Feb

Insurer Triumphant in a Case of a Clear and Unambiguous Insurance Policy

Categories: 4th Cir. Blog Civil Cases

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By: Mikhail Petrov On February 19, 2016, in a published civil case of W.C. & A.N. Miller Dev. Co. v. Continental Casualty Co., the Fourth Circuit amended its decision from December 30, 2015, and affirmed the decision of the district court to deny W.C. & A.N. Miller Development Company (“Miller”) insurance coverage from its insurer, […]

Tags: contract law Insurance

23Feb

Fourth Circuit Vacates Decision Dismissing Defendant’s Motion to Suppress Evidence Unlawfully Obtained in Violation of the Fourth Amendment

Categories: 4th Cir. Blog Criminal Cases

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By Taylor Ey Anonymous Tip to Police, Pretextual Traffic Stop, and Subsequent Frisk Today, the Fourth Circuit issued its published in the criminal case of United States v. Robinson, deciding 2-1, the Court reversed and vacated the decision of District Court of the Northern District of West Virginia, holding that Defendant Robinson’s motion to suppress evidence […]

Tags: Fourth Amendment Lawful concealed carry Terry search West Virginia

23Feb

Fourth Circuit Holds Federal Election Campaign Act Case Moot and Meritless

Categories: 4th Cir. Blog Civil Cases

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By Kayleigh Butterfield On February 23, 2016, the Fourth Circuit issued its published opinion in the civil case Stop R.E.I.D. v. Federal Election Commission. In this case four conservative political committees (collectively, “Plaintiffs”) appealed the district court’s grant of summary judgment for the defendant, the Federal Election Commission (“FEC”). The Fourth Circuit affirmed in part […]

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22Feb

Thirty-Three Month Sentence for Sex Offender Who Failed to Register Found to be Procedurally Unreasonable by Fourth Circuit

Categories: 4th Cir. Blog Criminal Cases

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By Daniel Stratton On February 19, 2016, the Fourth Circuit issued a published opinion in the criminal case United States v. Berry, vacating a sex offender’s thirty-three month sentence for failing to register on the grounds that it was procedurally unreasonable. The Fourth Circuit found that the defendant, Brian Berry, had been incorrectly categorized as a […]

Tags: Criminal Law parole violation Sentencing Sentencing Guidelines Sex Offender Registration

22Feb

Fourth Circuit Denies Application for Deferral of Removal Under Convention Against Torture

Categories: 4th Cir. Blog Civil Cases

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By Anthony Biraglia In the civil case of Oxygene v. Lynch, the Fourth Circuit denied in part and dismissed in part a petition for review of orders denying Wilerms Oxygene’s (“Oxygene”) application for deferral of removal under the Convention Against Torture (“CAT’) and a subsequent motion to reopen his removal proceedings. In a published opinion […]

Tags: Administrative Law Convention Against Torture Immigration

19Feb

Court Dismisses Perdue’s Claim for Lack of Jurisdiction

Categories: 4th Cir. Blog Civil Cases

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By Cate Berenato On February 19, 2016, in the published civil case Perdue Foods v. BRF, the Fourth Circuit affirmed the United States District Court for the District of Maryland’s dismissal of Perdue’s breach of contract claim because of a lack of personal jurisdiction of BRF. The court stated that Perdue had not alleged sufficient […]

Tags: Civil Procedure

19Feb

Fourth Circuit Vacates Firearm Conviction in Light of United States v. Simmons

Categories: 4th Cir. Blog Criminal Cases

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By Paige Topper On February 19, 2016, in the criminal case of United States v. Adams, a published opinion, the Fourth Circuit vacated the conviction of defendant, Richard Adams, for being a felon in possession of a firearm because, at the time of the offense, Adams was not a convicted felon. Adams’ Plea Agreement Relating […]

Tags: Criminal Law Plea Agreements

Fourth Circuit Analyzes Innocence Protection Act’s “Timeliness” Requirement

Fourth Circuit Vacates District Court’s Traffic Stop Decision

Fourth Circuit Holds that Federal Motor Carrier Safety Administration’s Discretionary Decisions and Regulations Cannot Subject the Government to Suit Under the Federal Tort Claims Act

Public-Disclosure Bar Did Not Apply to Qui Tam Action Under the False Claims Act

Fourth Circuit Affirms Holding on Tax Misclassification

Insurer Triumphant in a Case of a Clear and Unambiguous Insurance Policy

Fourth Circuit Vacates Decision Dismissing Defendant’s Motion to Suppress Evidence Unlawfully Obtained in Violation of the Fourth Amendment

Fourth Circuit Holds Federal Election Campaign Act Case Moot and Meritless

Thirty-Three Month Sentence for Sex Offender Who Failed to Register Found to be Procedurally Unreasonable by Fourth Circuit

Fourth Circuit Denies Application for Deferral of Removal Under Convention Against Torture

Court Dismisses Perdue’s Claim for Lack of Jurisdiction

Fourth Circuit Vacates Firearm Conviction in Light of United States v. Simmons

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